DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the embodiment of claim 4 where the lever includes a post extended through the opening for engagement with the cam, and assuming claims 8 and 9 cover different embodiments since they both depend from claim 7, the embodiment of claim 8 having a biasing element that is secured to the sealing body and the embodiment where ethe lever is disengaged from the lever member of claim 18 (in all figures the lever is contacting the lever member) must be shown or the feature(s) canceled from the claim(s). Currently the post that extends through the opening is shown as being on the lever member in all the figures, not on the lever, as claimed. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 8 and 13 objected to because of the following informalities:
Claims 13 and 8 have typos, in claim 13 – “the seal comprising: a sealilng body to be positioned” and “the sealingly engagement”, the later typo also found in claims 8.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, if the lever has a cam (see claim 3), how does the lever also include a post that engages with the cam? For the purposes of examination, “the lever includes a post” is interpreted as a typo and will be understood as “the lever member includes a post.”
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cudworth et al. (US 10464722).
Regarding claims 1, 6, 13, 16, Cudworth discloses a lid for a beverage container comprising, fig. 2A:
a lid body 202 and
a drink opening 223;
a lever 200 connected to and above the lid body and movable between a closed position for covering the drink opening and an open position;
a lever member (238 and 240, annular flange and valve face 240 that is a lever sealing member) connected to and beneath the lid body and movable between a sealed position for sealing the drink opening and an unsealed position for opening the drink opening, the lever member selectively seals and unseals the lever sealing member 240 to open and respectively close the drink opening when the lever member is acted upon by the lever; and
as seen in fig. 6, a container seal 234 provided within the lid body for sealingly engaging the container 600, the container seal including, fig. 5C, a biasing element 242 in contact with the lever member (the biasing element is integral with the lever member and as such the two are in contact), wherein, as disclosed in col. 4: 30-45 of Cudworth, the biasing element is configured to maintain the lever member in the sealed position and is configured to move the lever member from the unsealed position back toward the sealed position with respect to the drinking opening, col. 6:30-end, and as seen in fig 6, the biasing element secured to the sealing body and extended inwardly from the sealing body so as to not interfere with the sealing engagement of the sealing body to the inner wall of the container.
Regarding claim 2, Cudworth discloses that the biasing element 242 is configured to maintain the lever in the closed position, and with the lever moved away from the closed position the biasing element is configured to move the lever back toward the closed position with respect to the drinking opening, col. 7:25-35.
Regarding claims 1- 3, Cudworth discloses (different embodiment), fig. 8B, a lid for a beverage container comprising, fig. 8B:
Although the parts of the embodiment are not numbered in fig. 8B, fig. 2A is used as a reference a lid body 202 and
a drink opening 223;
a lever 808 connected to and above the lid body and movable between a closed position for covering the drink opening and an open position;
a lever member (numbered in fig. 2A, 238 and 240, annular flange and valve face 240) connected to and beneath the lid body and movable between a sealed position for sealing the drink opening and an unsealed position for opening the drink opening; and
as seen in fig. 6, a container seal 234 provided within the lid body for sealingly engaging the container 600, the container seal including, fig. 5C, a biasing element 242 in contact with the lever member (the biasing element is integral with the lever member and as such the two are in contact), wherein, as disclosed in col. 4: 30-45 of Cudworth, the biasing element is configured to maintain the lever member in the sealed position and is configured to move the lever member from the unsealed position back toward the sealed position with respect to the drinking opening;
the biasing element 242 is configured to maintain the lever in the closed position, and with the lever moved away from the closed position the biasing element is configured to move the lever back toward the closed position with respect to the drinking opening, col. 7:25-35; and
a cam 880 is provided on the lever, the cam is configured to engage the lever member as the lever is moved between the closed position where the lever member is in the sealed position and the open position where the lever member is in the unsealed position.
Regarding claim 7, Cudworth discloses that the container seal 234 includes a sealing body complementary in shape to a shape of the lid body, fig. 5C and 6, and the sealing body is mounted to the lid body, Fig. 5C.
Regarding claims 8, 9, 14, Cudworth discloses that the biasing element is integral with (unitary, one-piece seal component) and thereby secured to the sealing body and extends inwardly from the sealing body so as to not interfere with the sealing engagement of the container seal to the container, fig. 6.
Regarding claim 10, Cudworth discloses that the biasing element is in the form of a bulbous member that is bulged inwardly from the sealing body, fig. 6.
Regarding claims 11, 12, 15- 17, Cudworth discloses all of claims 1, 13 and the limitations of claim 16 as applied above that the biasing element is configured so that the lever member compresses the biasing element in the sealed position and as the lever member is moved toward the unsealed position, the compression of the biasing element creating a spring biasing force sufficient to move the lever member back toward the sealed position, col. 4: 30-45 and col. 6:30-end.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7, 8, 11-13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US 2010/0206835) in view of Lane (US 2020/0055645).
Regarding claims 1 and 13,
Yu discloses
a lid 10, fig. 1 for a beverage container 12, fig. 2, comprising:
a lid body 40 and
a drink opening 300/310 in fig. 2;
a lever 74 connected to and above the lid body and movable between a closed position for covering the drink opening and an open position;
a lever member 510 connected to and beneath the lid body, fig. 2 (beneath the uppermost part of the lid body) and movable between a sealed position (“up”, fig. 2) for sealing the drink opening and an unsealed position (“down”, fig. 3) for opening the drink opening,
a seal at 48, fig. 13 provided (at least partially) within the lid body (at the shaft portion 50, fig. 2) and closing the flow via plug portion 54,
the seal including a biasing element 514, 516, and 518, fig. 13 in contact with the lever member, wherein, the biasing element is configured to maintain the lever member in the sealed position (the lever member is biased upwardly [0084], fig. 2 and 3) and is configured to move the lever member from the unsealed position back toward the sealed position with respect to the drinking opening [0084], [0092-0093].
Yu discloses, as seen in figs 2 and 3, the biasing element is secured to the sealing body and extends inwardly from the sealing body so as to not interfere with the sealing engagement of the container seal to the container.
Yu does not disclose that the seal engages the container.
However, Lane is analogous art in regard to lids with biasing means for closing a lever member.
Lane discloses a lid 100 for a beverage container 50, fig. 3, comprising:
As seen in figs. 7 and 8:
a lid body 200 and
a drink opening 220;
a lever 300 (actuator) connected to and above the lid body and movable between a closed position for covering the drink opening and an open position;
a lever member 440 connected to and beneath the lid body, fig. 10 (beneath the uppermost part of the lid body) and movable between a sealed position (“up”, fig. 9) for sealing the drink opening and an unsealed position (“down”, fig. 10) for opening the drink opening,
a container seal 410 (valve body that acts as a plug, analogous to plug portion 54 of Yu) provided within the lid body for sealingly engaging the container 50 at peripheral gasket 434, [0071], [0075], top of 2nd column, the container seal including,
a biasing element 480 in contact with the lever member, wherein, the biasing element is configured to maintain the lever member in the sealed position (the lever member is biased upwardly) and is configured to move the lever member from the unsealed position back toward the sealed position with respect to the drinking opening [0073, 0079].
The seal of Yu is a two part seal having an annular seal separate from the plug portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plug portion 54 of the valve member 48 of Yu to have a peripheral gasket that both plugs and engages the inner sidewall of the container as taught by Lane in order to provide the benefit of a more convenient one-piece plug portion that seals both the flow opening and space between the lid body and container walls rather than a two part closing means, thereby requiring less assembly.
Regarding claim 2, Yu discloses that the biasing element, fig. 13, is configured to maintain the lever in the closed position, and with the lever moved away from the closed position the biasing element is configured to move the lever back toward the closed position with respect to the drinking opening [0084], last line.
Regarding claim 3, Yu discloses that a cam 160 is provided on the lever, fig. 2 and 3, and is configured to engage the surface 200 of the lever member as the lever is moved between the closed position where the lever member is in the sealed position and the open position where the lever member is in the unsealed position.
Regarding claim 4, assuming that “the lever includes a post” is a typo and should read “the lever member includes a post,” Yu discloses the lid body includes an opening (within valve housing), the lever includes a post, 510 extended through the opening for engagement with the cam, fig. 2 and 3, the opening is sized to allow the post to move (up and down) therein as the lever member is moved between the sealed position and the unsealed position.
Regarding claims 5, 15, and 16, Yu discloses that the lever member in the sealed position compresses the biasing element (516), fig. 2, the compression of the biasing element creating a spring biasing force, wherein as seen in fig. 2, with the lever in the closed position, the cam is disengaged from the lever member, and an entirety of the spring biasing force of the biasing element is directed toward maintaining the lever member in the sealed position, the limitations of claim 16 are disclosed above, 34-55.
Regarding claim 7, Yu discloses that at least the plug portion 54 of the container seal includes a sealing body (round) complementary in shape to a shape of the lid body, and the sealing body is mounted to the lid body, fig. 3.
Regarding claim 8, Yu discloses, as seen in figs 2 and 3, the biasing element is secured to the sealing body and extends inwardly from the sealing body so as to not interfere with the sealing engagement of the container seal to the container.
Regarding claims 11, 12, and 17, Yu discloses, as seen in fig. 2 and 3, the biasing element is configured so that the lever member compresses the biasing element as the lever member is moved toward the unsealed position and in the sealed position, the compression of the biasing element creating a spring biasing force sufficient to move the lever member back toward the sealed position.
Regarding claim 18, Yu discloses that the lever is “disengaged” from the lever member to the same extent as applicant’s lever is disengaged, that is the cam at 160 is disengaged from the lever member to the extent that the lever member is no longer depressed, comparing figs 2 of Yu and fig. 10 or 16 of the instant application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Somewhat similar to the mechanism of claim 4, Kruger et al. (US 6062419) teaches a post 24 through an opening at 12 and a biasing member 22 where the post can pivot to actuate the lever that opens and closes a drink opening in a lid.
Lane anticipates claims 1-4 but is not used as a grounds of rejection because duplicate rejection of the same claims is burdensome. However, Lane should be considered when making amendments as Lane discloses a lid 100 for a beverage container 50, fig. 3, comprising:
As seen in figs. 7 and 8:
a lid body 200 and
a drink opening 220;
a lever 300 (actuator) connected to and above the lid body and movable between a closed position for covering the drink opening and an open position;
a lever member 440 connected to and beneath the lid body, fig. 10 (beneath the uppermost part of the lid body) and movable between a sealed position (“up”, fig. 9) for sealing the drink opening and an unsealed position (“down”, fig. 10) for opening the drink opening,
a container seal 410 provided within the lid body for sealingly engaging the container 50 at 434, [0075], top of 2nd column, the container seal including,
a biasing element 480 in contact with the lever member, wherein, the biasing element is configured to maintain the lever member in the sealed position (the lever member is biased upwardly) and is configured to move the lever member from the unsealed position back toward the sealed position with respect to the drinking opening [0073, 0079].
Regarding claim 2, Lane discloses that the biasing element 480 is configured to maintain the lever in the closed position, and with the lever moved away from the closed position the biasing element is configured to move the lever back toward the closed position with respect to the drinking opening [0073].
Regarding claim 3, Lane discloses that a cam (surface at 350 is a cam surface) is provided on the lever, fig. 8, and is configured to engage the surface 450 of the lever member as the lever is moved between the closed position where the lever member is in the sealed position and the open position where the lever member is in the unsealed position, fig. 9 and 10.
Regarding claim 4, assuming that “the lever includes a post” is a typo and should read “the lever member includes a post,” Lane discloses the lid body includes an opening, the lever includes a post, fig 11, at 460 extended through the opening for engagement with the cam, the opening is sized to allow the post to move or pivot therein as the lever member is moved between the sealed position and the unsealed position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
/MOLLIE IMPINK/ Primary Examiner, Art Unit 3799
